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Faith

Supreme Court rules on side of Lakewood baker

Refusal to bake a cake for a same-sex wedding triggered lawsuit

Jeff Hunt, director of Colorado Christian University's Centennial Institute, leads a prayer and laying of hands for Lakewood baker Jack Philips during a rally held to support his case, November of 2017.

File photo

Posted
Monday, June 4, 2018 12:37 pm

Officials react

Colorado leaders reacted to the Supreme Court decision via social media and news releases on June 4. Here are some of their reactions:

"Today, the United States Supreme Court found that our State's Civil Rights Commission acted with hostility toward a citizen's free exercise of religion. In fact, the Court noted the unchallenged hostility toward religion by this group appointed by our Governor. The Court found that the very body charged with protecting the rights of our citizens acted with hostility toward those rights in the Masterpiece Cakeshop case.”

— U.S. Sen. Cory Gardner (R-Yuma)

“The Supreme Court’s decision in the Masterpiece Cakeshop case is a setback, but its ruling is a narrow one, pertaining to one particular set of circumstances, and won’t end our efforts to ensure equal protections for all LGBTQ people. This Pride Month, and every day, we must keep fighting to ensure public places in our society are open to all – for my constituents Charlie Craig and David Mullins, the couple at the heart of this case who endured abhorrent discrimination, and for every member of this community.”

— U.S. Rep. Diana DeGette (D-Denver)

“The Court made its decision based on a specific set of facts and left open many legal questions. Unfortunately, those questions will have to be decided in future litigation.

"The Court did make clear, however, that States like Colorado may continue to protect the LGBTQ community, reaffirming principles my office has consistently defended for the past six years. The general rule was, and remains, that the First Amendment does not allow business owners to deny members of the community equal access to goods and services.”

— Colorado Attorney General Cynthia H. Coffman (R-Denver)

“While I'm disappointed that we didn't see a clear decision in support of civil rights today, it's important to recognize that this is a narrow holding, and our statewide protections against discrimination are still the law of the land,”

— State House Speaker Crisanta Duran (D-Denver)

"While Republicans firmly supported the lawful aims of the Colorado Civil Rights Division, we pointed out the inherent conflicts of having a quasi-judicial body serve as prosecutor, judge and jury, accountable to only one elected official. Today, the Supreme Court provided us some vindication, saying the Commission’s anti-religious bias was both evident and wrong. As Republicans we advocate for the civil rights of all Coloradans, especially when an arm of the government is an obstacle to them."

— State House Minority Leader Patrick Neville (R-Castle Rock)

“I am very disappointed by the court's decision. While I realize the court was balancing religious liberty with the rights of gay people to be free from discrimination in the public sphere, the court got this one wrong.

"However, this isn't a victory for those attempting to undermine the civil rights of the gay community. Indeed, Justice Kagan (and the majority opinion) speak to the right for our gay brothers and sisters to be from discrimination. Period."

The U.S. Supreme Court has ruled in favor of Lakewood’s Masterpiece Cakeshop in a case that LGBTQ advocates and religious freedom advocates alike have been eyeing closely.

Masterpiece owner Jack Phillips has been part of the passionate debate over religious freedom and equal rights since 2012, when he declined to make a custom wedding cake for same-sex couple Charlie Craig and David Mullins, citing his religious beliefs.

However, those looking for a sweeping decision on these larger issues may come away disappointed. In its 7-2 decicsion in the Masterpiece Cakeshop v. Colorado Civil Rights Commission case, the Supreme Court decided that the commission’s actions violated the Free Exercise Clause.

Justices Ginsburg and Sotomayor were the two dissenting voices in the ruling, which was issued on June 4, and Justice Anthony Kennedy wrote the majority opinion for the court. In it, he said the state's Civil Rights Commission did not consider Phillip's case free of religious bias.

“When the Colorado Civil Rights Commission considered this case, it did not do so with the religious neutrality that the Constitution requires,” Kennedy wrote in his opinion. “The delicate question of when the free exercise of his religion must yield to an otherwise valid exercise of state power needed to be determined in an adjudication in which religious hostility on the part of the State itself would not be a factor in the balance the State sought to reach.”

After Phillips refused to bake the wedding cake, the couple filed a complaint with the Colorado Civil Rights Commission stating that Phillips violated the state’s public accommodations law that specifically prohibits discrimination based on sexual orientation.

The commission ruled against Phillips in May 2014 and the appeals court upheld the decision in May 2015.

In the appeals court decision, Judge Daniel Taubman said Masterpiece is free to continue to share its religious beliefs — including not recognizing same-sex marriage.

“However, if it wishes to operate as a public accommodation and conduct business within the State of Colorado, (Colorado law) prohibits it from picking and choosing customers based on their sexual orientation,” Taubman wrote.

In September, the Department of Justice filed a brief on behalf of Phillips, agreeing with his argument that his cakes are a form of artistic expression and he can’t be forced to make something that would be contrary to his beliefs.

The Supreme Court agreed to hear the case, and oral arguments began on Dec. 5.

Colorado's branch of the American Civil Liberties Union said it wasn't the outcome the group was hoping for, but tweeted “The Court did not rule that the Constitution gives a right to discriminate,” and added “Colorado law prohibits discrimination based on who you are. We're confident the courts will once again rule that businesses don't have a right to discriminate.”

Phillips worked Monday at his bakery, but directed media questions to his lawyers with the Alliance Defending Freedom.

Alliance Defending Freedom, a nonprofit legal organization that “advocates for the right of people to freely live out their faith” and represented Phillips before the Supreme Court, called the commission’s 2014 decision a way to “punish Phillips for living and working consistent with his religious beliefs about marriage.”

“Jack serves all customers; he simply declines to express messages or celebrate events that violate his deeply held beliefs,” said Kristen Waggoner, the alliance’s senior counsel. “Creative professionals who serve all people should be free to create art consistent with their convictions without the threat of government punishment.”

The following are results from state Legislature, county and municipal races, and ballot issues from the Nov. 6 election. Results for county and municipal offices and ballot questions were updated shortly after midnight on Nov. 7. For state Senate and state House, results were updated Nov. 8.